Kehm v. German Mutual Insurance

The plaintiff filed his petition on a mutual insurance policy, alleging that the defendant performed all the conditions on his part to be performed.

The defendant company answered, denying liability, on the grounds-—

1. That the policy contained a' provision that the same shall be void if there was other insurance during its running period without consent endorsed thereon by the secretary of the company.

2. That the by-laws, in addition, provided that no indemnity shall be allowed if double insurance exists without the consent of the board of directors and “re-marked” in the-policy; that the…